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Gun purchase question

Posted: Wed Jul 06, 2011 1:12 pm
by 74novaman
I'm on an iPhone or I'd look this up myself... Can a maryland resident with a mil I'D purchase a long gun in Texas? He's active duty, and moving from Colorado to Mississippi but would like to buy a new rifle while he's visiting. Thanks in advance for your advice!

Re: Gun purchase question

Posted: Wed Jul 06, 2011 1:19 pm
by RottenApple
74novaman wrote:I'm on an iPhone or I'd look this up myself... Can a maryland resident with a mil I'D purchase a long gun in Texas? He's active duty, and moving from Colorado to Mississippi but would like to buy a new rifle while he's visiting. Thanks in advance for your advice!
Yes. There are no residency requirements for the purchase of a rifle or shotgun. At least none that I'm aware of.

Re: Gun purchase question

Posted: Wed Jul 06, 2011 3:10 pm
by Hoi Polloi
74novaman wrote:I'm on an iPhone or I'd look this up myself... Can a maryland resident with a mil I'D purchase a long gun in Texas?
I had to read that several times to understand.

Mother-in-law I'd purchase?
Mother-in-law wanting to purchase a long gun?
Mother-in-law ID... ahhhhh!
military ID

LOL. My internet acronyms are overlapping!
:patriot:

Re: Gun purchase question

Posted: Wed Jul 06, 2011 3:34 pm
by 74novaman
Sorry, phone typing is difficult. Yes, a military identification.

Re: Gun purchase question

Posted: Wed Jul 06, 2011 3:46 pm
by Hoi Polloi
74novaman wrote:Sorry, phone typing is difficult. Yes, a military identification.
:thumbs2:

It wasn't the typing (which I hate doing on a phone), but the filter I was reading it through that was producing puzzling results.

Re: Gun purchase question

Posted: Wed Jul 06, 2011 4:12 pm
by Ameer
If he's a Maryland resident, he can't legally purchase a rifle from a Texas resident. He may be able to purchase a rifle or shotgun from a FFL in Texas, depending on Maryland laws. For example, it looks like Maryland laws restrict a resident purchase a "regulated firearm" in Maryland or another state. He should be legal to buy a bolt action hunting rifle but an AR is another story.

Re: Gun purchase question

Posted: Wed Jul 06, 2011 4:30 pm
by MoJo
For a non resident of Texas to purchase a long gun they have be a resident of an adjoining State ie. New Mexico, Oklahoma, Arkansas and Louisiana. There may be some exceptions to this but, I am unaware of any. So the answer is No.

Re: Gun purchase question

Posted: Wed Jul 06, 2011 6:17 pm
by i8godzilla
MoJo wrote:For a non resident of Texas to purchase a long gun they have be a resident of an adjoining State ie. New Mexico, Oklahoma, Arkansas and Louisiana. There may be some exceptions to this but, I am unaware of any. So the answer is No.
He may be able to purchase a long gun at AAFES.

Re: Gun purchase question

Posted: Wed Jul 06, 2011 6:50 pm
by apostate
MoJo wrote:For a non resident of Texas to purchase a long gun they have be a resident of an adjoining State ie. New Mexico, Oklahoma, Arkansas and Louisiana. There may be some exceptions to this but, I am unaware of any. So the answer is No.
I thought we fixed 46.07 last session. (2009)

Re: Gun purchase question

Posted: Wed Jul 06, 2011 7:02 pm
by Pawpaw
46.07 deals with Texas residents purchasing firearms in another state. There's nothing about selling to a non-resident in there.
PC §46.07. INTERSTATE PURCHASE. A resident of this state may, if
not otherwise precluded by law, purchase firearms, ammunition,
reloading components, or firearm accessories in another state. This
authorization is enacted in conformance with 18 U.S.C. Section
922(b)(3)(A).

Re: Gun purchase question

Posted: Wed Jul 06, 2011 9:04 pm
by 74novaman
To clarify, he was looking at going to a store, so it would be through an FFL. I wasn't planning on selling him one of my guns
(I hesitate to sell a gun to anyone once I've bought it. "rlol" )

Re: Gun purchase question

Posted: Wed Jul 06, 2011 9:39 pm
by C-dub
Pawpaw wrote:46.07 deals with Texas residents purchasing firearms in another state. There's nothing about selling to a non-resident in there.
PC §46.07. INTERSTATE PURCHASE. A resident of this state may, if
not otherwise precluded by law, purchase firearms, ammunition,
reloading components, or firearm accessories in another state. This
authorization is enacted in conformance with 18 U.S.C. Section
922(b)(3)(A).
I was thinking the very same thing. Since there's nothing in our laws that say he could not, it depends on Maryland's laws and whether or not they have something similar to our 46.07.

Re: Gun purchase question

Posted: Sat Jul 09, 2011 8:22 pm
by FNguy
Pawpaw wrote:46.07 deals with Texas residents purchasing firearms in another state. There's nothing about selling to a non-resident in there.
PC §46.07. INTERSTATE PURCHASE. A resident of this state may, if
not otherwise precluded by law, purchase firearms, ammunition,
reloading components, or firearm accessories in another state. This
authorization is enacted in conformance with 18 U.S.C. Section
922(b)(3)(A).
What law deals with Texas residents purchasing alcohol in another state? I looked in the Texas Alcoholic Beverage Code and I don't see where it allows me to buy alcohol outside Texas. If I go to New Orleans and buy a hurricane drink at Pat O'Brien's, am I breaking Texas law?

Re: Gun purchase question

Posted: Sat Jul 09, 2011 8:37 pm
by Pawpaw
FNguy wrote:
Pawpaw wrote:46.07 deals with Texas residents purchasing firearms in another state. There's nothing about selling to a non-resident in there.
PC §46.07. INTERSTATE PURCHASE. A resident of this state may, if
not otherwise precluded by law, purchase firearms, ammunition,
reloading components, or firearm accessories in another state. This
authorization is enacted in conformance with 18 U.S.C. Section
922(b)(3)(A).
What law deals with Texas residents purchasing alcohol in another state? I looked in the Texas Alcoholic Beverage Code and I don't see where it allows me to buy alcohol outside Texas. If I go to New Orleans and buy a hurricane drink at Pat O'Brien's, am I breaking Texas law?
Congratulations Captain Obvious! That was exactly my point. :tiphat:

Re: Gun purchase question

Posted: Sun Jul 10, 2011 3:10 am
by srothstein
FNguy wrote:
Pawpaw wrote:46.07 deals with Texas residents purchasing firearms in another state. There's nothing about selling to a non-resident in there.
PC §46.07. INTERSTATE PURCHASE. A resident of this state may, if
not otherwise precluded by law, purchase firearms, ammunition,
reloading components, or firearm accessories in another state. This
authorization is enacted in conformance with 18 U.S.C. Section
922(b)(3)(A).
What law deals with Texas residents purchasing alcohol in another state? I looked in the Texas Alcoholic Beverage Code and I don't see where it allows me to buy alcohol outside Texas. If I go to New Orleans and buy a hurricane drink at Pat O'Brien's, am I breaking Texas law?

What you are missing is the federal law on firearms. 18 USC 922 (b)(3) forbids anyone from purchasing a firearm in a state other than where they reside. It has an exception for the purchase of a rifle or shotgun if the purchase meets the local state laws. A few years back some people started pushing the interpretation that this stopped Texas residents from buying out of state because it was not specifically authorized in our laws. While I go with the concept that everything is permitted unless it is specifically forbidden, others decided to clear up any possible confusion by putting in a section specifically giving permission. Given that i am neither a lawyer nor a legislator, no one really asked my opinion on this, so the law is as it was written.